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Conducting a grievance procedure
A grievance procedure is a procedure put in place to deal with an employee raising a grievance or complaint with their employee. Grievance procedures are usually utilised concerning issues affecting working relationships or productivity. Getting the process right can help to preserve your relationship with an employee and stop the formal grievance from escalating.
In this article, we look at the purpose of the grievance procedure and what should happen when a staff member raises a concern. We also look at what steps should be taken in a grievance procedure, the common mistakes that are often made by an employer, and when you should reach out for legal advice. Read on to find out more about how to make a grievance policy and what steps should be taken.
Click on a link to that section:
Read why a grievance procedure is important.
Find out what your responsibilities are if an employee raises a concern.
Find out what steps you should take in a grievance procedure with an employee.
Read some common mistakes to avoid in the grievance procedure process.
Find out how legal advice can help you conduct a grievance.
We answer common queries on handling grievance procedures.
What is the purpose of a grievance procedure?
Having a grievance procedure in place is vital for employees, as it helps to ensure that an employee is listened to when they make a complaint or raise a formal grievance, laying out clear steps that will be taken to address the issue. It also helps to provide documentation and proof that an employer has addressed the issue fully and to a satisfactory extent.
A workplace must have its own grievance procedure, or else you must follow the steps laid out by the Acas Code of Practice on disciplinary and grievance procedures.
What happens when an employee raises a concern?
If a complaint is raised informally, it is still essential that an employee responds and listens appropriately. This may stop the issue from escalating into a formal grievance or even an employment tribunal. You can speak with your employee informally and take steps to address the issue without it being a formal issue. However, a more serious issue may be raised formally through your company’s grievance procedure. This may be the first step they take if they feel that addressing their complaint informally will not work, or if they try and fail to address it informally.
A grievance procedure may take place if an employee raises a formal complaint about an issue such as bullying, harassment or health and safety issues. It can also occur in cases where employees feel that they are being discriminated against for a protected characteristic.
Are you handling a discrimination claim in your workplace? Read our full guide here.
Do you need assisting in conducting a grievance procedure? Contact us today.
What steps should be taken in a grievance procedure?
During an employment grievance procedure, certain steps must be taken. An employee can raise their formal grievance through writing a letter, sending an email, or providing a different kind of documentation as evidence of their grievance.
Once the grievance has been raised, an employer should be sure to act quickly to make sure that the situation does not escalate. You will need to investigate swiftly and make it clear to your employee that this is being taken seriously. Make sure that you comply with your business’ grievance procedure terms when doing this, appointing an appropriate manager to deal with the grievance. This is a vital step in ensuring that the grievance is handled adequately and dealt with correctly.
Once the investigation has been completed, a decision should be made involving both the employee and the employer, and the appropriate resulting action must be carried out. After this, the employee can make an appeal if they feel this is necessary. This may happen if the employee feels that the investigation was not carried out in a non-partisan way, or if the issue has not been dealt with adequately. For example, if it was a bullying or harassment issue and the employee was expected to continue to work with the person they had reported, or if a health and safety issue was not remedied appropriately. They may also appeal if the representative managing the grievance procedure seemed biased in some way.
Are you unsure on how to put together a grievance policy? Contact us today for assistance.
Common mistakes made by employers
There are some common mistakes made by employers which increase the chances of a grievance procedure resulting in an appeal and further action being taken by a dissatisfied employee. These include if an employer has put the wrong people in charge of a grievance procedure. For example, someone who has a pre-existing negative relationship with the staff member who raised the grievance, or someone who does not have the relevant expertise to carry out the investigation competently.
Another common mistake is allowing the process to take too long. If an employee does not feel that they are being listened to in a timely fashion, or that they are expected to “put up with” continued issues, this can also lead to them escalating the complaint before the grievance procedure has been fully carried out.
The worst mistake is failing to follow your business’ grievance procedure and leaving the matter unresolved. It might be tempting to ignore it and hope it goes away, but this will only lead to further problems down the line.
Are you dealing with a dispute over a grievance? Read how we can help here.
Getting help with conducting your grievance procedure
A grievance procedure can be difficult to navigate as an employer, so getting the correct legal advice is vital. The qualified employment lawyers at Giambrone & Partners can help you to understand your rights as an employer, get to grips with employment law, and stop you from making common mistakes with your grievance procedure.
Get in touch with us by making a callback request to see how we can support you.
Frequently asked questions
How long should a grievance procedure take?
An initial meeting should be set up within five working days, while the grievance should be fully dealt with within three months minus one day of when the initial grievance was raised.
Who should an employee contact about a grievance matter?
There should be clear guidance on who an employee should raise a grievance with - usually either their line manager or a HR manager. Do you need advice on putting together your grievance procedure? Contact us today.
Can employees appeal decisions under a grievance procedure?
If an employee believes that the grievance procedure or the outcome is flawed, they can appeal the decision.
Can you suspend an employee during a grievance procedure?
It is possible to suspend an employee during a grievance procedure if disciplinary action needs to be taken.
Are you in the process of dismissing an employee? Read our full guide here.
Why would an employee raise a formal grievance?
An employee may raise a formal grievance if they feel that the issue is too serious for an informal complaint (such as sexual harassment or whistleblowing) or if a previously informally raised grievance has not been dealt with effectively.
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